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Federal judge indefinitely blocks Trump's ban on transgender people in the military

In her ruling, Reyes stressed that she intended to "maintain the status quo" of previous policies on transgender service in the military.

U.S. Army soldiers.

U.S. Army soldiers.AFP

Agustina Blanco
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3 minutes read

On Tuesday, a federal judge indefinitely blocked the implementation of an executive order by President Donald Trump that sought to ban transgender people from serving in the U.S. military.

The decision, issued by U.S. District Judge Ana Reyes, an appointee of former President Joe Biden, represents a setback for the Republican administration.

Trump's order, titled "Prioritizing Military Excellence and Readiness" and signed on January 27, argued that transgender people do not meet the "rigorous standards necessary" for military service, claiming that their presence threatens the "lethality" of the military and unit cohesion.

However, Judge Reyes prohibited Defense Secretary Pete Hegseth and other military officials from implementing this directive or developing new policies to make it effective. She further ordered that the plaintiffs' military status remain unchanged until a new court ruling is issued.

In her ruling, Reyes stressed that she intended to "maintain the status quo" of previous policies on transgender service in the military, which allowed their participation prior to Trump's order.

The stay of the measure was extended until Friday to give the government time to file an appeal. “The Court knows that this opinion will lead to heated public debate and appeals,” Reyes wrote, adding that both outcomes are positive in a healthy democracy.

Origin of the case

The judge's decision follows a lawsuit filed by six active military personnel and two persons seeking to enlist, who argued that the order violated their constitutional rights. This is not the only legal action underway: two additional lawsuits, including one in Washington and another in New Jersey, also challenge the Trump administration's decision.

During the hearings, Reyes strongly questioned the rationale for the order and the Department of Defense's policy, which was to take effect March 26.

A memorandum from the Pentagon on Feb. 26 stated that people with gender dysphoria, or related symptoms, were ineligible for service and recognized only two sexes, male and female, noting that military members were to serve according to their assigned sex at birth.

But Reyes criticized this definition, noting that "symptoms of gender dysphoria" could range from “cross-dressing" to conditions such as "depression" common among non-transgender military members.

In that same vein, the judge said, “how can I say that a policy is limited, when on its own terms, it could include almost any transgender person?” Reyes asked the Department of Justice lawyers on March 13.

Government representatives, such as Jason Manion, defended the policy by arguing that judges should defer to current military decisions without reevaluating the underlying evidence. However, Reyes accused the Department of Defense of misrepresenting studies to justify the ban, classifying them as "totally, grossly" manipulated by Hegseth.

In addition, at an earlier hearing, the judge challenged attorney Jason Lynch with a hypothetical scenario, suggesting that she would ban graduates of her alma mater, the University of Virginia, from appearing before her as "liars" and "lack integrity," terms that mirrored the language of Trump's order. Following this exchange, the Department of Justice filed a complaint against Reyes for misconduct, accusing her of attempting to "embarrass" Lynch with her hypothetical case.

Criticism of diversity, equity and inclusion (DEI) programs

The reversal of this policy carried forward by the Republican administration is part of a broader campaign by Trump to reduce the influence of diversity, equity and inclusion (DEI) policies in government. In a statement, the White House criticized the DEI programs pushed by the Biden administration, claiming that these initiatives "have corrupted the federal government by replacing hard work, merit and equality with a divisive preferential hierarchy."

Trump has reiterated his focus on strengthening the effectiveness and lethality of the military, displacing policies that he says weaken the military's combat capability.

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